Western Union Telegraph Co. v. Webb
Supreme Court of Arkansas
Appeal from Lpnoke Circuit Court; Eugene Lankford, Judge; STATEMENT BY THE COURT. The Western Union Telegraph Company has appealed from a judgment rendered against it in the Lonoke Circuit Court in favor of Sidney B. Webb for damages for mental anguish, suffered by him on account of the alleged negligence of appellant in transmitting a telegram sent by him concerning the burial of his mother.
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Appeal from Lpnoke Circuit Court; Eugene Lankford, Judge; STATEMENT BY THE COURT. The Western Union Telegraph Company has appealed from a judgment rendered against it in the Lonoke Circuit Court in favor of Sidney B. Webb for damages for mental anguish, suffered by him on account of the alleged negligence of appellant in transmitting a telegram sent by him concerning the burial of his mother. The complaint charges negligence on the part of appellant at-Eudora, Arkansas, a relay station of appellant’s line, and no allegation of negligence elsewhere is made in the com- . plaint. The facts,…
1Opinion of the Court
Hart, J.,
(after stating the facts). The first and principal ground of reversal urged by counsel for appellant is that the court erred in admitting the testimony of Jesse Webb to the effect that the telegram in question was delivered to him by W. B. Redmond about dark after he had returned from the burial of his mother, and that this was the first time he had seen it. We are of the opinion that the court erred in admitting this testimony. The complaint specifically alleged that the negligence occurred at Eudora, and no charge of negligence elsewhere was made. The appellant joined issue on this…
2Cases cited6 opinions
- St. Louis, Iron Mountain & Southern Railway Co. v. SweetSupreme Court of Arkansas · 1897
- St. Louis, Iron Mountain & Southern Railway Co. v. PowerSupreme Court of Arkansas · 1899
- St. Louis & San Francisco Railroad v. VaughanSupreme Court of Arkansas · 1907
- Westmoreland v. PlantSupreme Court of Arkansas · 1909
- Western Union Telegraph Co. v. LewisSupreme Court of Arkansas · 1909
1 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- St. Louis & San Francisco Railroad v. ConartySupreme Court of Arkansas · 1916
- Western Union Telegraph Co. v. WebbSupreme Court of Arkansas · 1911
- Western Union Telegraph Co. v. BlakeSupreme Court of Arkansas · 1914